HB2383ham001 100TH GENERAL ASSEMBLY

Rep. Randy E. Frese

Filed: 3/10/2017

10000HB2383ham001 LRB100 00361 MJP 22936 a

AMENDMENT TO HOUSE BILL 2383

AMENDMENT NO. ______. Amend House Bill 2383 on page 10, immediately below line 11, by inserting the following:

"Section 10. The MC/DD Act is amended by adding Section 3-301.1 as follows:

(210 ILCS 46/3-301.1 new)

Sec. 3-301.1. Administration of medication by direct care staff at day programs. For the purposes of this Act, violations cited against a facility as a result of actions involving administration of medication by direct care staff of day programs certified to serve persons with developmental disabilities by the Department of Human Services under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act will not result in:

(1) the facility being issued a "Type AA" violation as defined in Section 1-128.5 of this Act;

(2) the facility being issued a "Type A" violation as defined in Section 1-129 of this Act;

(3) the facility being issued a "Type B" violation as defined in Section 1-130 of this Act;

(4) denial of the facility's license under Section 3-117 of this Act;

(5) the facility being placed on the Department's quarterly list of facilities which the Department has taken action against prepared under Section 3-304 of this Act;

(6) the facility being assessed a penalty or fine under Section 3-305 of this Act;

(7) the facility being issued a conditional license under Section 3-311 of this Act; or

(8) the Department's suspension or revocation of a facility's license or refusal to renew a facility's license under Section 3-119 of this Act.

The Department shall notify the Division of Developmental Disabilities of the Department of Human Services when it becomes aware of a medication error at a day program or that a resident is injured or is subject to alleged abuse or neglect at a day program.

Section 15. The ID/DD Community Care Act is amended by adding Section 3-301.1 as follows:

(210 ILCS 47/3-301.1 new)

Sec. 3-301.1. Administration of medication by direct care staff at day programs. For the purposes of this Act, violations cited against a facility as a result of actions involving administration of medication by direct care staff of day programs certified to serve persons with developmental disabilities by the Department of Human Services under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act will not result in:

(1) the facility being issued a "Type AA" violation as defined in Section 1-128.5 of this Act;

(2) the facility being issued a "Type A" violation as defined in Section 1-129 of this Act;

(3) the facility being issued a "Type B" violation as defined in Section 1-130 of this Act;

(4) denial of the facility's license under Section 3-117 of this Act;

(5) the facility being placed on the Department's quarterly list of facilities which the Department has taken action against prepared under Section 3-304 of this Act;

(6) the facility being assessed a penalty or fine under Section 3-305 of this Act;

(7) the facility being issued a conditional license under Section 3-311 of this Act; or

(8) the Department's suspension or revocation of a facility's license or refusal to renew a facility's license under Section 3-119 of this Act.

The Department shall notify the Division of Developmental Disabilities of the Department of Human Services when it becomes aware of a medication error at a day program or that a resident is injured or is subject to alleged abuse or neglect at a day program.".